Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Welcome to ZERKERS and its related sites (the “Site”), provided by ZERKERS. These Terms of Use and any amendments thereto (the “Terms”) govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with ZERKERS for products, services or otherwise.

Privacy Policy
Users of this Site should refer to ZERKERS Privacy Policy for information about how ZERKERS uses and collects information. You agree that ZERKERS may disclose your personal information to a third party if ZERKERS believes in good faith that the law or legal process requires it, to protect the rights or property of ZERKERS or others or as otherwise described in the Privacy Policy for ZERKERS.

Product Information
For questions about the Products on this Site, please use the customer service e-mail links found on each Product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Center.

Our Guarantee
All Products on the Site carry at least a 30-day money back guarantee from the date of delivery (less shipping & handling) from the manufacturer or distributor of the Product if you are not 100% satisfied with your purchase. Should you experience any difficulty or delay in returning a Product and securing the proper refund, please visit our online Customer Service Center.

Order and Payment Information
If you use the Site to purchase a Product, payment must be received by ZERKERS prior to ZERKERS acceptance of an order, unless otherwise agreed by ZERKERS. ZERKERS may need to verify information you provide before ZERKERS accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a Product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, ZERKERS will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. ZERKERS expressly conditions its acceptance of your order on your agreement to the Terms.
In ordering Products through the Site, you agree to provide only true, accurate, current and complete information. You hereby certify that any e-mail account you provide to ZERKERS is registered to you. ZERKERS shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to ZERKERS. You agree that if you are ordering or purchasing Products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.
All prices displayed on the Site are quoted in U.S. dollars. ZERKERS may prohibit delivery to addresses outside the United States and Canada. ZERKERS will add shipping and handling fees and applicable sales/use tax. ZERKERS reserves the right without prior notice to discontinue or change specifications and prices on Products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, Products not owned by ZERKERS on the Site do not imply endorsement of that Product, or constitute a warranty, by ZERKERS.

Shipping
Unless otherwise noted, ZERKERS will use its best efforts to ship Products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by ZERKERS to you is ZERKERS good faith estimate. You understand that Product availability may be limited and particular Products may not be available for immediate delivery. ZERKERS shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. ZERKERS cannot ship to P.O. Boxes.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT ZERKERS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO ZERKERS FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, ZERKERS AND THE AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES ZERKERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.
CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH ZERKERS SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.
ALTHOUGH ZERKERS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, ZERKERS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ZERKERS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

ZERKERS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of the Terms.

Limitations on Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL ZERKERS OR THE AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF ZERKERS OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZERKERS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZERKERS FOR ANY PRODUCTS SUPPLIED BY ZERKERS THROUGH YOUR USE OF THE SITE.
ZERKERS will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood or war.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The terms of this section survive any termination of the Terms.

Linked Sites
ZERKERS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of ZERKERS and ZERKERS is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by ZERKERS of the site or any information contained therein. When leaving the Site, you should be aware that ZERKERS Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct
In using this Site, you agree:
• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
• Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
• Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
• Not to use, frame or utilize framing techniques to enclose any ZERKERS trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without ZERKERS express written consent;
• Not to use meta tags or any other “hidden text” utilizing a ZERKERS name, trademark or product name without ZERKERS express written consent;
• Not to deeplink to this Site without ZERKERS express written consent;
• Not to create or use a false identity on this Site;
• Not to collect or store personal data about others; and
• Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
• Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violation of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by ZERKERS.

In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent
It is ZERKERS policy to respect the copyright and intellectual property rights of others. ZERKERS may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, ZERKERS may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. If you believe that ZERKERS or any user of our Site has infringed your copyright in any material way, please notify ZERKERS and provide the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• An identification of the copyrighted work claimed to have been infringed;
• An identification of the material that you claim is infringing so that we may locate it on the Site;
• Your address, telephone number and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
• Please direct inquiries regarding copyright issues by e-mail to: jenny@zerkers.com

Indemnification
You agree to indemnify and hold harmless ZERKERS its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party. The terms of this section will survive any termination of the Terms.

SEC Disclosure
The information contained within press releases issued by ZERKERS should not be deemed accurate or current except as of the date the release was posted. ZERKERS has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Changes to the Site
ZERKERS may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any aspect of the Site or any Products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that ZERKERS shall not be liable therefor.

International Users
This Site is controlled, operated and administered by ZERKERS from its offices within the United States of America. ZERKERS makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or Products available through the Site are illegal is prohibited. You may not use the Site or export the content or Products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of New York City, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms. The terms of this section survive any termination of the Terms.

Termination
Notwithstanding any of these Terms, ZERKERS reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use this Site and to block or prevent future access to and use of this Site. You agree that ZERKERS shall not be liable for any termination of your use of or access to the Site.

Legality
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed an error in these Terms and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms.

Language
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

General
The Terms constitute the entire agreement between ZERKERS and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by ZERKERS to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and ZERKERS, and you do not have any authority to create any obligation or make any representation on ZERKERS behalf. You may not assign this agreement, by operation of law or otherwise, without ZERKERS written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of and be enforceable against you and ZERKERS and their respective successors and assigns. The terms of this Section will survive any termination of the Terms.